Albright v. Medoff
Court of Appeals of Oregon
1Opinion of the CourtVan Hoomissen, J.
The estate of Edward Albright brought this suit to set aside a transfer of real property, alleging that the decedent was mentally incompetent at the time of transfer and that the transfer was obtained by undue influence. The trial court set aside the transfer. Defendants appeal, and plaintiff cross-appeals. We review de novo and affirm in part, reverse in part, and remand for further proceedings.
The issues are: (1) whether the defendant Carla Eltzroth enjoyed a "confidential relationship” with her uncle, Edward Albright; (2) whether defendants have the burden of disproving that the subject…
2Cases cited10 opinions
- In Re the Estate of ReddawayOregon Supreme Court · 1958
- In Re Southman's EstateOregon Supreme Court · 1946
- Wiley v. BergOregon Supreme Court · 1978
- Johnson v. SteenOregon Supreme Court · 1978
- Estate of Manillus Day v. HarkeyOregon Supreme Court · 1953
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3Cited by3 opinions
- Cunningham v. CunninghamUtah Supreme Court · 1984
- Ryan v. ColomboCourt of Appeals of Oregon · 1985
- Estate of Perry v. BernsteinCourt of Appeals of Oregon · 2013